AN ACT Relating to state
employee child care; amending RCW 41.04.370, 41.04.375, 41.04.380, 41.04.385,
43.88.160, and 74.13.090; and adding a new section to chapter 41.04 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF WASHINGTON:
Sec. 1. RCW 41.04.370 and
1984 c 162 s 1 are each amended to read as follows:
The legislature recognizes that
((on-site)) supporting child ((day)) care for employees of
public and private organizations is a worthwhile pursuit. To further the goals
of affordable, accessible, and quality child care for working parents, the
legislature intends to ((establish a)) provide for the development of
self-supporting child care ((demonstration project)) programs for
employees of state government. ((The legislature recognizes that
appropriate child day care services may enhance productivity and lower
absenteeism among state employees.))
Sec. 2. RCW 41.04.375 and
1984 c 162 s 2 are each amended to read as follows:
An agency may identify space
they wish to use for child care facilities or they may request assistance from
the department of general administration ((shall identify an amount of))
in identifying the availability of suitable space in state-owned or
state-leased buildings ((in the Olympia area)) for use as child ((day))
care centers for the children of state employees.
When suitable space is
identified in state-owned or state-leased buildings, the department of
general administration shall establish a ((fair)) rental rate for ((the))
organizations to pay for the space used by persons who are not state
employees.
Sec. 3. RCW 41.04.380 and
1984 c 162 s 3 are each amended to read as follows:
(((1) The department of
personnel shall conduct a needs assessment to determine the need for and
interest in child day care facilities for the children of state employees;
(2) The department of personnel
shall determine the number of children which may participate in the
demonstration project required under RCW 41.04.370 through 41.04.380; and
(3) If the)) When
suitable space is determined to be available, ((the department of personnel
shall)) either agencies or organizations of state employees may
contract with one or more ((organizations)) providers to operate
child ((day)) care facilities ((for the children identified under
this section. Such facilities may be located in one or more buildings as
identified under RCW 41.04.375)).
Subject to the approval of
the director of financial management, suitable space for child care centers may
be provided to organizations of state employees without charge or at reduced
charge for rent or services solely for the purpose of reducing employee child
care costs.
NEW SECTION. Sec. 4. A new section is
added to chapter 41.04 RCW to read as follows:
In order to qualify for services
under RCW 41.04.380, state employee child care organizations shall be organized
as nonprofit under chapter 24.03 RCW.
Sec. 5. RCW 41.04.385 and
1986 c 135 s 1 are each amended to read as follows:
The legislature finds that (1)
demographic, economic, and social trends underlie a critical and increasing
demand for child ((day)) care in the state of Washington; (2) working
parents and their children benefit when the employees' child care needs have been
resolved; ((and)) (3) the state of Washington should serve as a model
employer by creating a supportive atmosphere, to the extent feasible, in which
its employees may meet their child ((day)) care needs; and (4) the
state of Washington should encourage the development of partnerships between
state agencies, state employees, state employee labor organizations, and
private employers to expand the availability of affordable quality child care.
The legislature finds further that resolving employee child ((day)) care
concerns not only benefits the employees and their children, but may benefit
the employer by reducing absenteeism, increasing employee productivity,
improving morale, and enhancing the employer's position in recruiting and
retaining employees. Therefore, the legislature declares that it is the policy
of the state of Washington to assist state employees by creating a supportive
atmosphere in which they may meet their child ((day)) care needs. Policies
and procedures for state agencies to address employee child care needs will be
the responsibility of the director of personnel in consultation with the child
care coordinating committee, as provided in RCW 74.13.090 and state employee
representatives as provided under RCW 41.06.140.
Sec. 6. RCW 43.88.160 and
1992 c 118 s 8 are each amended to read as follows:
This section sets forth the
major fiscal duties and responsibilities of officers and agencies of the
executive branch. The regulations issued by the governor pursuant to this
chapter shall provide for a comprehensive, orderly basis for fiscal management
and control, including efficient accounting and reporting therefor, for the
executive branch of the state government and may include, in addition, such
requirements as will generally promote more efficient public management in the
state.
(1) Governor; director of
financial management. The governor, through the director of financial
management, shall devise and supervise a modern and complete accounting system
for each agency to the end that all revenues, expenditures, receipts,
disbursements, resources, and obligations of the state shall be properly and
systematically accounted for. The accounting system shall include the
development of accurate, timely records and reports of all financial affairs of
the state. The system shall also provide for central accounts in the office of
financial management at the level of detail deemed necessary by the director to
perform central financial management. The director of financial management
shall adopt and periodically update an accounting procedures manual. Any
agency maintaining its own accounting and reporting system shall comply with
the updated accounting procedures manual and the rules of the director adopted
under this chapter. An agency may receive a waiver from complying with this
requirement if the waiver is approved by the director. Waivers expire at the
end of the fiscal biennium for which they are granted. The director shall
forward notice of waivers granted to the appropriate legislative fiscal
committees. The director of financial management may require such financial,
statistical, and other reports as the director deems necessary from all
agencies covering any period.
(2) The director of financial
management is responsible for quarterly reporting of primary operating budget
drivers such as applicable workloads, caseload estimates, and appropriate unit
cost data. These reports shall be transmitted to the legislative fiscal
committees or by electronic means to the legislative evaluation and
accountability program committee. Quarterly reports shall include actual
monthly data and the variance between actual and estimated data to date. The
reports shall also include estimates of these items for the remainder of the
budget period.
(3) The director of financial
management shall report at least annually to the appropriate legislative
committees regarding the status of all appropriated capital projects, including
transportation projects, showing significant cost overruns or underruns. If
funds are shifted from one project to another, the office of financial
management shall also reflect this in the annual variance report. Once a
project is complete, the report shall provide a final summary showing estimated
start and completion dates of each project phase compared to actual dates,
estimated costs of each project phase compared to actual costs, and whether or
not there are any outstanding liabilities or unsettled claims at the time of
completion.
(4) In addition, the director of
financial management, as agent of the governor, shall:
(a) Make surveys and analyses of
agencies with the object of determining better methods and increased
effectiveness in the use of manpower and materials; and the director shall
authorize expenditures for employee training to the end that the state may
benefit from training facilities made available to state employees;
(b) Establish policies for
allowing the contracting of child care services;
(c) Report to the
governor with regard to duplication of effort or lack of coordination among
agencies;
(((c))) (d) Review
any pay and classification plans, and changes thereunder, developed by any
agency for their fiscal impact: PROVIDED, That none of the provisions of this
subsection shall affect merit systems of personnel management now existing or
hereafter established by statute relating to the fixing of qualifications
requirements for recruitment, appointment, or promotion of employees of any
agency. The director shall advise and confer with agencies including
appropriate standing committees of the legislature as may be designated by the
speaker of the house and the president of the senate regarding the fiscal
impact of such plans and may amend or alter said plans, except that for the following
agencies no amendment or alteration of said plans may be made without the
approval of the agency concerned: Agencies headed by elective officials;
(((d))) (e) Fix
the number and classes of positions or authorized man years of employment for
each agency and during the fiscal period amend the determinations previously
fixed by the director except that the director shall not be empowered to fix
said number or said classes for the following: Agencies headed by elective
officials;
(((e))) (f)
Provide for transfers and repayments between the budget stabilization account
and the general fund as directed by appropriation and RCW 43.88.525 through
43.88.540;
(((f) Promulgate regulations))
(g) Adopt rules to effectuate provisions contained in (a) through (((e)))
(f) of this subsection.
(5) The treasurer shall:
(a) Receive, keep, and disburse
all public funds of the state not expressly required by law to be received,
kept, and disbursed by some other persons: PROVIDED, That this subsection
shall not apply to those public funds of the institutions of higher learning
which are not subject to appropriation;
(b) Disburse public funds under
the treasurer's supervision or custody by warrant or check;
(c) Keep a correct and current
account of all moneys received and disbursed by the treasurer, classified by
fund or account;
(d) Perform such other duties as
may be required by law or by regulations issued pursuant to this law.
It shall be unlawful for the
treasurer to issue any warrant or check for public funds in the treasury except
upon forms duly prescribed by the director of financial management. Said forms
shall provide for authentication and certification by the agency head or the
agency head's designee that the services have been rendered or the materials
have been furnished; or, in the case of loans or grants, that the loans or
grants are authorized by law; or, in the case of payments for periodic
maintenance services to be performed on state owned equipment, that a written
contract for such periodic maintenance services is currently in effect and
copies thereof are on file with the office of financial management; and the
treasurer shall not be liable under the treasurer's surety bond for erroneous
or improper payments so made((: PROVIDED, That)). When services
are lawfully paid for in advance of full performance by any private individual
or business entity other than as provided for by RCW 42.24.035, such individual
or entity other than central stores rendering such services shall make a cash
deposit or furnish surety bond coverage to the state as shall be fixed in an
amount by law, or if not fixed by law, then in such amounts as shall be fixed
by the director of the department of general administration but in no case
shall such required cash deposit or surety bond be less than an amount which
will fully indemnify the state against any and all losses on account of breach
of promise to fully perform such services((: AND PROVIDED FURTHER, That)).
No payments shall be made in advance for any equipment maintenance services
to be performed more than three months after such payment. Any such bond so
furnished shall be conditioned that the person, firm or corporation receiving
the advance payment will apply it toward performance of the contract. The
responsibility for recovery of erroneous or improper payments made under this
section shall lie with the agency head or the agency head's designee in
accordance with regulations issued pursuant to this chapter. Nothing in this
section shall be construed to permit a public body to advance funds to a
private service provider pursuant to a grant or loan before services have been
rendered or material furnished.
(6) The state auditor shall:
(a) Report to the legislature
the results of current post audits that have been made of the financial
transactions of each agency; to this end the auditor may, in the auditor's
discretion, examine the books and accounts of any agency, official or employee
charged with the receipt, custody or safekeeping of public funds. The current
post audit of each agency may include a section on recommendations to the
legislature as provided in (c) of this subsection.
(b) Give information to the
legislature, whenever required, upon any subject relating to the financial
affairs of the state.
(c) Make the auditor's official
report on or before the thirty-first of December which precedes the meeting of
the legislature. The report shall be for the last complete fiscal period and
shall include at least the following:
Determinations as to whether
agencies, in making expenditures, complied with the laws of this state((:
PROVIDED, That)). Nothing in this section may be construed to grant
the state auditor the right to perform performance audits. A performance audit
for the purpose of this section is the examination of the effectiveness of the
administration, its efficiency, and its adequacy in terms of the programs of
departments or agencies as previously approved by the legislature. The authority
and responsibility to conduct such an examination shall be vested in the
legislative budget committee as prescribed in RCW 44.28.085.
(d) Be empowered to take
exception to specific expenditures that have been incurred by any agency or to
take exception to other practices related in any way to the agency's financial
transactions and to cause such exceptions to be made a matter of public record,
including disclosure to the agency concerned and to the director of financial
management. It shall be the duty of the director of financial management to
cause corrective action to be taken promptly, such action to include, as
appropriate, the withholding of funds as provided in RCW 43.88.110.
(e) Promptly report any
irregularities to the attorney general.
(f) Investigate improper
governmental activity under chapter 42.40 RCW.
(7) The legislative budget
committee may:
(a) Make post audits of the
financial transactions of any agency and management surveys and program reviews
as provided for in RCW 44.28.085. To this end the committee may in its
discretion examine the books, accounts, and other records of any agency,
official, or employee.
(b) Give information to the
legislature or any legislative committee whenever required upon any subject
relating to the performance and management of state agencies.
(c) Make a report to the
legislature which shall include at least the following:
(i) Determinations as to the
extent to which agencies in making expenditures have complied with the will of
the legislature and in this connection, may take exception to specific
expenditures or financial practices of any agencies; and
(ii) Such plans as it deems
expedient for the support of the state's credit, for lessening expenditures,
for promoting frugality and economy in agency affairs and generally for an
improved level of fiscal management.
Sec. 7. RCW 74.13.090 and
1989 c 381 s 3 are each amended to read as follows:
(1) There is established a child
care coordinating committee to provide coordination and communication between
state agencies responsible for child care and early childhood education
services. The child care coordinating committee shall be composed of not less
than seventeen nor more than thirty-three members who shall include:
(a) One representative each from
the department of social and health services, the department of community
development, the office of the superintendent of public instruction, and any
other agency having responsibility for regulation, provision, or funding of
child care services in the state;
(b) One representative from the
department of labor and industries;
(c) One representative from the
department of trade and economic development;
(d) One representative from the
department of revenue;
(e) One representative from the
employment security department;
(f) One representative from
the department of personnel;
(g) One representative from
the department of health;
(h) At least one
representative of family home child care providers and one representative of
center care providers;
(((g))) (i) At
least one representative of early childhood development experts;
(((h))) (j) At
least one representative of school districts and teachers involved in the
provision of child care and preschool programs;
(((i))) (k) At
least one parent education specialist;
(((j))) (l) At
least one representative of resource and referral programs;
(((k))) (m) One
pediatric or other health professional;
(((l))) (n) At
least one representative of college or university child care providers;
(((m))) (o) At
least one representative of a citizen group concerned with child care;
(((n))) (p) At
least one representative of a labor organization;
(((o))) (q) At
least one representative of a head start - early childhood education assistance
program agency;
(((p))) (r) At
least one employer who provides child care assistance to employees;
(((q))) (s)
Parents of children receiving, or in need of, child care, half of whom shall be
parents needing or receiving subsidized child care and half of whom shall be
parents who are able to pay for child care.
The named state agencies shall
select their representative to the child care coordinating committee. The
department of social and health services shall select the remaining members,
considering recommendations from lists submitted by professional associations
and other interest groups until such time as the committee adopts a member
selection process. The department shall use any federal funds which may become
available to accomplish the purposes of RCW 74.13.085 through 74.13.095.
The committee shall elect
officers from among its membership and shall adopt policies and procedures
specifying the lengths of terms, methods for filling vacancies, and other
matters necessary to the ongoing functioning of the committee. The secretary
of social and health services shall appoint a temporary chair until the
committee has adopted policies and elected a chair accordingly. Child care
coordinating committee members shall be reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060.
(2) To the extent possible
within available funds, the child care coordinating committee shall:
(a) Serve as an advisory
coordinator for all state agencies responsible for early childhood or child
care programs for the purpose of improving communication and interagency
coordination;
(b) Annually review state
programs and make recommendations to the agencies and the legislature which
will maximize funding and promote furtherance of the policies set forth in RCW
74.13.085. Reports shall be provided to all appropriate committees of the
legislature by December 1 of each year. At a minimum the committee shall:
(i) Review and propose changes
to the child care subsidy system in its December 1989 report;
(ii) Review alternative models
for child care service systems, in the context of the policies set forth in RCW
74.13.085, and recommend to the legislature a new child care service structure;
and
(iii) Review options and make
recommendations on the feasibility of establishing an allocation for day care
facilities when constructing state buildings;
(c) Review department of social
and health services administration of the child care expansion grant program
described in RCW 74.13.095;
(d) Review rules regarding child
care facilities and services for the purpose of identifying those which
unnecessarily obstruct the availability and affordability of child care in the
state;
(e) Advise and assist the child
care resource coordinator in implementing his or her duties under RCW
74.13.0903; ((and))
(f) Perform other functions to
improve the quantity and quality of child care in the state, including
compliance with existing and future prerequisites for federal funding; and
(g)
Advise and assist the department of personnel in its responsibility for
establishing policies and procedures that provide for the development of
quality child care programs for state employees.
